Florida’s medical marijuana laws provide important protections for qualified patients under Florida Statute § 381.986. However, even lawful patients face potential criminal liability if they unknowingly cross the line into prohibited conduct. Missteps involving firearms, employment, driving, or possession outside of legal guidelines can lead to criminal charges.
At the Law Office of W.F. Casey Ebsary Jr., we help patients, families, and professionals navigate the complex intersection of medical marijuana and Florida’s criminal justice system.
Key Legal Risks for Medical Marijuana Patients
1. Firearm Possession
Even if registered under Florida’s program, medical marijuana patients may face conflicts with firearm laws. Federal restrictions classify marijuana as a Schedule I drug, creating legal tension with Florida Statute § 790.23. Gun ownership and cannabis use can lead to serious consequences.
2. Controlled Substances Violations
Patients must strictly follow purchase and possession rules. Exceeding limits or transferring cannabis to others may result in charges under Florida Statutes.
3. DUI and Operating Vehicles
Driving under the influence of cannabis is treated similarly to alcohol-related DUI offenses. Patients accused of impaired driving face fines, license suspensions, and even jail.
4. Employment and Background Checks
Even lawful patients may face job-related consequences. Criminal charges, especially involving firearms or trafficking allegations, can complicate background checks and professional licensing.
Why You Need a Florida Criminal Defense Lawyer
As a Board-Certified Criminal Trial Lawyer, W.F. “Casey” Ebsary Jr. understands how state law, federal law, and medical cannabis regulations collide. With decades of courtroom experience, he has successfully defended patients, professionals, and families facing marijuana-related criminal allegations.
Call to Action
If you or a loved one faces criminal exposure related to Florida’s medical marijuana program, contact us immediately.
📞 Call (813) 222-2220 or use our Contact Form to schedule a confidential consultation.
Medical Marijuana, Firearm Rights and Criminal Liability
Florida’s medical marijuana program has given thousands of patients access to treatment that improves their quality of life. Yet, patients who use medical marijuana face a serious and often overlooked issue: federal firearm restrictions under 18 U.S.C. § 922(g)(3) and (d)(3). These laws classify medical marijuana users—despite being legal under Florida law—as “unlawful users of controlled substances,” making it a federal crime to own, purchase, or even attempt to buy a firearm.
Recent rulings have challenged the constitutionality of these laws, particularly after the U.S. Supreme Court’s Bruen (2022) and Rahimi (2024) decisions reshaped the Second Amendment framework. Florida courts are now grappling with whether medical marijuana patients should be treated like dangerous individuals or felons, or whether they should enjoy full constitutional rights without risking criminal liability.
At the Law Office of W.F. Casey Ebsary Jr., we help clients navigate the complex intersection of Florida medical marijuana laws and federal firearms statutes. If you are a Florida patient who owns or wants to own a firearm, understanding your legal exposure is crucial.
👉 Contact Casey today for immediate guidance.
👉 Learn more about Casey, a Board-Certified Criminal Trial Lawyer.
The Federal Law at Issue
- 18 U.S.C. § 922(g)(3): Makes it unlawful for any person “who is an unlawful user of or addicted to any controlled substance” to possess firearms or ammunition.
Read § 922(g)(3) on Justia - 18 U.S.C. § 922(d)(3): Prohibits the sale or transfer of a firearm to anyone known to be an unlawful drug user.
Read § 922(d)(3) on Justia
Because marijuana remains a Schedule I controlled substance under the Controlled Substances Act, Florida patients who lawfully use cannabis under state law are still considered unlawful users federally.
Second Amendment Framework
The current debate revolves around the Second Amendment and whether these firearm restrictions are constitutional. Several landmark Supreme Court cases control this area:
| Case | Year | Key Holding |
|---|---|---|
| District of Columbia v. Heller | 2008 | Recognized an individual right to possess firearms for self-defense. |
| New York State Rifle & Pistol Ass’n v. Bruen | 2022 | Required courts to evaluate firearm laws based on historical tradition, not interest-balancing. |
| United States v. Rahimi | 2024 | Clarified that the government need not show exact historical twins, only “relevantly similar” laws. |
The Florida medical marijuana case recently highlighted that comparing patients to felons or dangerous individuals may not be “relevantly similar” under Bruen and Rahimi. The Eleventh Circuit reversed the dismissal, giving medical marijuana patients a path forward to challenge firearm restrictions.
Criminal Liability for Florida Medical Marijuana Patients
Even if your marijuana use is legal under Florida Statute § 381.986 (Medical Use of Marijuana), firearm ownership creates federal risk. Violations of § 922(g)(3) can lead to:
- Up to 10 years in federal prison
- Fines up to $250,000
- Permanent loss of firearm rights
This creates a dangerous trap for patients who believe state legality shields them from federal prosecution.
Table: Comparing Florida Medical Marijuana and Federal Laws
| Issue | Florida Law | Federal Law |
|---|---|---|
| Medical marijuana legal? | Yes, with card under § 381.986 | No – marijuana is a Schedule I drug |
| Firearm ownership for patients? | Silent; no prohibition in state law | Prohibited under § 922(g)(3) |
| Penalty for violation | None at state level | Up to 10 years in prison |
Expanded Q&A: Florida Medical Marijuana and Firearms
No. Even though Florida allows medical marijuana under § 381.986, federal law under 18 U.S.C. § 922(g)(3) prohibits firearm ownership by unlawful users of controlled substances. Gun dealers also require buyers to complete ATF Form 4473, which specifically asks about marijuana use. Answering “no” when you use marijuana can be prosecuted as perjury or making false statements.
The court ruled that medical marijuana patients cannot automatically be compared to felons or dangerous individuals—the analogues used by the government under the Bruen/Rahimi test. The case was sent back for further review, meaning the plaintiffs’ claims survived dismissal. This is a significant opening for future challenges to § 922(g)(3).
If you answer “no” to marijuana use while being a lawful patient, you may face charges under 18 U.S.C. § 924(a)(1)(A) for making false statements, punishable by up to 5 years in prison.
Yes. Even possession alone can violate § 922(g)(3). While prosecutions may be rare, the law remains enforceable, and federal agents have pursued cases when guns and marijuana are discovered together.
Not automatically. Bruen set the framework requiring the government to show historical analogues, but each case depends on how courts apply it. The Eleventh Circuit’s ruling only means that the government must try harder to justify the law; it did not outright legalize firearm possession for patients.
Possibly. The Court has signaled in Heller, Bruen, and Rahimi that firearm restrictions must be consistent with history. Since there were no Founding-era laws disarming people for lawful medicinal use of substances, the government’s argument may weaken. This could eventually lead to a nationwide ruling.
Yes. Florida’s registry of medical marijuana patients is not directly shared with the federal government, but if federal authorities obtain that information, it can be used against you. Gun dealers also cross-check purchase forms with federal law.
Recreational legalization would not change federal law. Unless marijuana is rescheduled or descheduled federally, all users—recreational or medical—remain prohibited from possessing firearms under § 922(g)(3).
Yes. Possible defenses include: Challenging the constitutionality of § 922(g)(3) under Bruen/Rahimi. Arguing that marijuana use was not “current or ongoing.” Contesting the evidence connecting firearm possession with marijuana use. Each defense is fact-specific, and a board-certified criminal trial lawyer can evaluate your case.
Seek immediate legal advice. Disposing of firearms improperly could create liability, but continued possession risks federal prosecution. An experienced attorney can help you navigate the safest path forward.
Table: Potential Defenses for Patients Charged Under § 922(g)(3)
| Defense Strategy | Legal Basis | Strength |
|---|---|---|
| Challenge constitutionality | Bruen / Rahimi framework | Strong but unsettled |
| Marijuana use not current | Statutory interpretation of “user” | Moderate |
| Evidence suppression | 4th Amendment violations | Case-dependent |
| No nexus between use & possession | Lack of proof of unlawful use | Weak to moderate |
Practical Guidance for Florida Medical Marijuana Patients
- Be honest on ATF forms – False statements create separate crimes.
- Consult an attorney before firearm purchases – Criminal exposure is real.
- Follow both state and federal law – Florida may allow marijuana, but federal courts have the final say on firearms.
- Stay updated on case law – The legal landscape is shifting rapidly.
- Seek legal defense immediately if charged – Early intervention can shape outcomes.
Call to Action
The intersection of Florida medical marijuana laws and federal firearm prohibitions is one of the most complex and evolving areas of criminal law. Patients face serious consequences if they misstep, even when they believe they are following Florida law.
If you are a Florida medical marijuana patient concerned about your firearm rights, do not wait until charges are filed.
📞 Contact Casey today for a confidential consultation.
👤 Learn more about Casey, Board-Certified Criminal Trial Lawyer.
